Federal Court of Australia
Federal Court of Australia
Walker, in the matter of Plumbfirst Pty Ltd (Administrators Appointed) [2023] FCA 441 File number: NSD 390 of 2023
Judgment of: CHEESEMAN J
Date of judgment: 8 May 2023
Date of publication of reasons: 9 May 2023
Catchwords: CORPORATIONS – application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the convening period for second creditors meeting and related orders – whether basis for extension and estimate of time required is reasonable – whether any material prejudice – whether in best interests of creditors and the companies – whether public interest is served in averting insolvency – Held: Application granted.
Legislation: Corporations Act 2001 (Cth) ss 439A(5), 439A(6), 447A Insolvency Practice Rules (Corporations) 2016 (Cth) s 75-225
Cases cited: Crawford, in the matter of North Queensland Heavy Haulage Services Pty Ltd (Administrators Appointed) [2017] FCA 635 Farnsworth v About Life Pty Ltd (Administrator Appointed), in the matter of About Life Pty Limited (Administrator Appointed) [2019] FCA 11 In the matter of Harrisons Pharmacy Pty Limited (Administrators Appointed) (Receivers And Managers Appointed) [2013] FCA 458 Re Riviera Group Pty Ltd [2009] NSWSC 585 Silvia, in the matter of Austcorp Group Limited (Administrators Appointed) [2009] FCA 636
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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